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Criminal complaint
Article 315.- 1. In the cases of articles 380 and 314 the penal prosecution is commenced
only following a criminal complaint. There is not required the criminal complaint if the
culprit for the act of 314 was liable owing to his service or his profession to pay special
care or attention. The driving of a vehicle falls under the previous subsection when it
serves the carriage of passengers or things for the purpose of subsistence. In the event
of article 314, if the act was committed during the driving of a vehicle and that does not
fulfil the case of the application of the second section hereof, the penal prosecution is
commenced ex officio the applicable prosecutor however by his order abstains from
the penal prosecution if the affected person declares that he does not desire the penal
prosecution of the actor. If the declaration is submitted following the commencement
of the penal prosecution, the court ceases it finally.
2. If in the event of article 308 the affected person is a public servant and the act was
committed in the execution of his service, or on grounds relevant to its execution, the
penal prosecution is commenced ex officio.

Article 42

Concept and sentence of the attempt

1. Every person who having decided to execute a felony or a misdemeanour attempts
an act which contains at least the commencement of execution is punished if the felony
or the misdemeanour has not been completed with a diminished sentence (article 83)

2. If the court finds that the under the previous paragraph diminished sentence is not
sufficient to deter the culprit from the commission of other punishable acts it can inflict
on him the same sentence as the one provided for by the law for the completed act
except for the death penalty.

The Court can deem as unpunishable the attempt of a misdemeanour for which the law
provides for an imprisonment sentence no higher than three months.

Article 386

Fraud

1. Every person who with the aim for himself or another person to obtain an
unlawful property gain harms alien property convincing someone to an act,
omission or toleration by the in cognizance representation of false facts as true
or the illicit concealment or silencing of true facts is punished with
imprisonment of no less than three months and if the damage which has been
caused is especially large with imprisonment of two years.

Article 406A – Penal Code – Satisfaction of the affected person

1. The punishability of the crimes of articles 386 and 406 is extinguished if the
actor with his own will and prior to the investigation in any manner of his